House Land & Resource Management
8:00, Thursday, May 8, 2025
E2.026
Hearing Notice
Video Link
Two action items requested. Both of these steps are important.
1. Now through Thursday: Please file a brief statement of opposition against each bill, SB 291 and SB 292, on the House public comment portal here: https://comments.house.texas.gov/home?c=c360This portal is open now and will close when the bill is heard on Thursday.
2 VERY IMPORTANT: Thursday morning at 8:00am: Please attend the hearing or send a representative to sign witness cards AGAINST SB 291 and SB 292.
If you are unable to attend the hearing, you may enter public comments in opposition here: https://comments.house.texas.gov/home?c=c360
The Coalition for Critical Infrastructure worked with stakeholder groups for six years to address concerns with the eminent domain process. Although we were not able to reach consensus on every issue, we were able to make meaningful changes in 2021 resulting in the passage of HB 2730. At that time, most of the stakeholders agreed to refrain from pursuing further changes in the near term. SB 291 and SB 292 simply retread language where we could not reach consensus in 2021.
For more information, please see the TCJL Eminent Domain Resource Page:
SB 291 by Schwertner (R-Georgetown): Amends §21.0111(a), Property Code, to make the entity liable for the property owner’s attorney’s fees if the entity fails to disclose all appraisal reports produced or acquired by the entity relating specifically to the owner’s property in the 10 years preceding the date of the offer. Passed Senate on 4/10.
SB 292 by Schwertner (R-Georgetown): Amends § 402.031(c), Government Code, to add to the LOBR: the condemning entity’s responsibility for any damages arising from the survey, the property owner’s option to refusing permission for the entity to enter the property for the survey, the property owner’s right to negotiate the terms of the entry, and the entity’s right to sue for a court order authorizing the entry. Further requires the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Adds § 21.01101, Property Code, to require a survey permission form to state that the owner has a right to refuse, that the entity has a right to sue for entry, that the owner has a right to negotiate terms of entry, and that the entity has a responsibility for damages. Amends § 21.0112(a), Property Code, to require provision of the LOBR at the time the entity makes the initial offer. Adds § 21.0115, Property Code, to require the entity (other than TXDOT) that makes an initial offer that includes real property that the entity does not seek to acquire by condemnation to separately identify such property in the initial offer and make a separate offer for such property. Passed Senate on 4/10.
